Tourism Law in Europe

11 the performance of the service, the tour operator must remedy, unless this is impossible or too costly, given the magnitude of the anomaly and the value of the service involved. If the tour operator fails to do so, the traveller can claim compensation for damages and a reduction in the price for the period during which the defect continued. Furthermore, if the tour operator does not take action within a reasonable period, fixed by the tourist in relation to the duration of the trip and the characteristics of the package, the latter may eliminate the defect and request reimbursement of the expenses. If the lack of conformity constitutes a non-performance of not insignificant importance and the tour operator does not eliminate it within a reasonable period, the traveller can obtain the termination of the contract or, in accordance with article 43 of the Code, a reduction in the price, without prejudice to compensation for damages. If, due to circumstances that are not attributable to the tour operator, it is not possible to carry out a substantial part of the service, the tour operator may offer alternative solutions, equivalent or superior or of inferior quality and, in such a case, must provide for an appropriate reduction in the price. The traveller may reject such offers only if they are not comparable with what is provided for in the contract or if the reduction is not adequate. Finally, art. 43 of the Code only invites the tour operator to prove, as a cause for exoneration, that the lack of conformity is attributable either to the traveller or to a third party outside the tour operator’s sphere of control, or to a fortuitous event or force majeure. In this way, strict liability refers only to the tour operator 41 . In fact, according to Article 50, the intermediary must prove that they have used the necessary measures according to professional diligence. Having identified the relationship with the traveller as a “contract of intermediation”, the Code identifies some specific obligations of information and documentation and among these is that of indicating the role of professional; failing this, they are considered to be tour operator, by virtue of art. 51 bis. Then, according to art. 51, first paragraph, the seller is responsible for errors due to technical defects in the booking system that are attributable to them and for those committed during the booking process, if they agree to book a package or attuazione nell’ordinamento giuridico italiano, in Eur. dir. priv., 2017, 1476 et seq .; Cimmino, Qualità della vacanza e inesatto inadempimento, Naples, 2008, 76 et seq . 41 See Finessi, La responsabilità del professionista nella nuova disciplina dei contratti di viaggio , cit., 1323 et seq .